When is a repossession complete? The answer may depend on when the repossession agent obtained sufficient dominion or control over the vehicle. And in some cases, a difference of only a few seconds can matter.
Here’s a question that sounds ridiculously simple:
When has a car actually been repossessed?
You would think there would be an easy answer.
Car on tow truck = repossessed.
Car not on tow truck = not repossessed.
Thank you for coming to my TED Talk.
Unfortunately, the law is rarely that cooperative.
Why Does It Matter When a Repossession Is Complete?
As we discussed in Part 2 of our Illegal Repossession 101 series, a creditor may use self-help to repossess a vehicle only if it can do so without breaching the peace.
But that creates another question:
What happens if the alleged breach of the peace occurs after the repossession is already complete?
That’s where things get interesting.
Some courts have held that once the repossession agent has obtained sufficient dominion or control over the vehicle, the repossession is complete. An objection after that point may therefore be too late to convert the completed repossession into a breach-of-the-peace repossession.
Simple rule.
Much harder application.
Is a Repossession Complete When the Repo Truck Hooks Up the Car?
Not necessarily.
What if the repo agent backs underneath the vehicle and lifts two tires off the ground?
What if the wheels are lifted, but the vehicle hasn’t moved?
What if the consumer is standing there objecting while the agent is still hooking everything up?
What if the car can still be lowered immediately?
What if the tow truck has started moving?
These are the kinds of facts that turn what sounds like a simple rule into actual litigation.
A recent federal decision from Pennsylvania illustrates the problem particularly well. In Gonzalez v. VJ Wood Recovery, LLC, the court explained that the relevant question was when the repossession agent obtained sufficient control or dominion over the vehicle. But the court concluded that the record did not establish exactly when that occurred and left the issue for the jury.
In other words:
“The car was hooked up” doesn’t necessarily end the conversation.
Can a Few Seconds Affect an Illegal Repossession Case?
Yes. This is why the timeline can matter enormously in an illegal repossession case.
Imagine:
10:02:10 — Repo agent starts lifting the car.
10:02:15 — Consumer comes outside.
10:02:20 — Consumer tells the repo agent to stop.
10:02:25 — Repo agent continues.
10:02:35 — Physical confrontation occurs.
10:03:00 — Tow truck drives away.
When was the repossession complete?
At 10:02:10?
10:02:15?
When two wheels left the pavement?
When all necessary equipment was attached?
When the consumer could no longer drive the vehicle?
When the tow truck actually started moving?
That can be the entire case.
Why Is Video Important in a Repossession Case?
This is why one of the first questions we ask potential illegal-repossession clients is:
Do you have video?
Doorbell camera. Security camera. Cell phone video. Neighbor’s Ring camera. Body camera. Dashcam.
Get it.
Because the difference between a lawful repossession and a potentially unlawful one can sometimes be measured in seconds.
A video can help establish when the consumer appeared, when an objection occurred, where the vehicle was positioned, whether it had been lifted, whether it could still be driven, whether the repo agent continued working after the confrontation began, and when the truck actually left.
Those details matter.
Does “Once It’s Hooked, It’s Mine” Mean the Repossession Is Complete?
We hear variations of this all the time.
The repo driver’s personal understanding of repossession law is not the governing legal standard.
There is authority describing completion in terms of whether the repossessor obtained sufficient dominion and control over the collateral. Whether that happened before or after the alleged breach can itself be a disputed factual issue.
So if you’re told:
“Too late. I already hooked it.”
Don’t assume that’s the end of the legal analysis.
It might be.
It might not be.
The video, the specific facts, and the applicable state’s law may tell a very different story.
What Should You Do if You Dispute How Your Car Was Repossessed?
If there was an objection, confrontation, or other dispute while your vehicle was being repossessed, preserve any evidence that can help establish the timeline.
That may include doorbell or security-camera footage, cell phone videos, photographs, witness information, police reports, body-camera footage, communications with the lender or repo company, and any other records showing what happened before, during, and immediately after the repossession.
Preserve video evidence as soon as possible. Some security systems automatically overwrite or delete older footage.
Whether the repossession was already complete when an objection or alleged breach of the peace occurred depends on the particular facts and applicable law.
Think Your Car Was Wrongfully Repossessed?
Marcus & Zelman represents consumers in illegal and wrongful repossession cases nationwide.
If you objected while your vehicle was being repossessed, a confrontation occurred, or you were told the repossession was already complete because the vehicle had been hooked to a tow truck, contact us to have the circumstances reviewed.
There is no cost to have us evaluate your potential unlawful repossession case.
This article is for informational purposes only and does not constitute legal advice. The point at which a repossession is considered complete varies depending on applicable law and the particular facts.